Introduction to The Indonesian Legal System: Major Developments in the Past Decade

2006 ◽  
Vol 13 (1) ◽  
pp. 57-72
Author(s):  
Hesti Setyowati ◽  
M. Harris S. Toengkagie

Abstract Indonesia is an archipelagic country that has endured 350 years of western colonization. Its people comprise diverse ethnic, cultural and religious backgrounds, all living in more than 17.000 islands spread throughout the archipelago. The development of the Indonesian legal system are considered as unique since it comprises the legacy of colonization, combined with the customary laws of various tribes. It is heavily infl uenced by Islam-the religion of the majority of its citizens, and the people’s own perception of law and justice following the colonial era. The undisputable fact on the variety of ethnic groups, cultures and religions formulate the desire for national ideology which promotes a unity of such diversity. As the result, each of the laws is formulated with reference to the principle of unity and democracy carried out in accordance with the national ideology. 60 years after its independence, the Law in Indonesia has shown great strides in its development. All of the developments are claimed to fulfi ll its goal of achieving a modern nation with solid legal foundation, without sacrifi cing its national identity.

Author(s):  
Roger J.R. Levesque

The law does not square with people’s experiences of segregation and diversity. An empirical look at the legal system’s effectiveness in addressing school segregation reveals, from a practical perspective, that segregation persists and even surpasses levels before the civil rights movement. Yet, the legal system continues as though segregation is a thing of the past. Even more bizarre, the negative effects of racial and ethnic disparities in schooling are well documented, and the legal system compels itself to ignore much of them. To exacerbate matters, legal analysts increasingly interpret the law as a system that operates in a different world than the one documented by researchers who describe disparities and what could be done about them. For their part, researchers pervasively continue to document experiences without considering the legal system’s basic concerns. This book details the source of these gaps, evaluates their empirical and legal foundation, explains why they persist, and reveals what can be done about them.


1979 ◽  
Vol 7 (1) ◽  
pp. 7-48 ◽  
Author(s):  
Lee H. Haller ◽  
Lawrence A. Dubin ◽  
Martin Buxton

The interface of mental health and the law has been rapidly expanding over the past several years, as more and more cases of various sorts are being heard by the courts and new laws are passed. Although court decisions and laws may be viewed as an intrusion by the psychiatrists who work with emotionally disturbed children, the authors suggest that the effect is to present the professional with new alternatives for helping the patient. A number of these situations where the legal system can be utilized are presented.


1990 ◽  
Vol 21 (2) ◽  
pp. 384-401 ◽  
Author(s):  
M.B. Hooker

By the late nineteenth century British control over Burma had been firmly established and by 1893 a comprehensive legal system for its population put in place. The guiding principle of the judicial and legislative system was that each racial or religious group had the right to its own law in matters of religion and custom. Thus, Burmese “Buddhist law” for the Burmese, “Mohammadan law” for Muslims and Hindu law for the Hindus. In addition, the customary laws of other ethnic groups were also recognized.


2021 ◽  
Vol 4 (1) ◽  
pp. 178
Author(s):  
Darwin Une

This study aims to analyze the socio-cultural interactions in social life. Where ethnicity harmony is very important to be further enhanced, especially in people of different ethnicity or ethnicity, religion and culture. Global issues that arise on the surface of the Indonesian soil cannot come from problems and challenges that touch significantly on the basis of comprehensive peace, security, law and justice. Issues include, among others, the social, cultural and religious fields. Conflicts that occurred in the past few years in several regions in Indonesia have partly accumulated on ethnic SARA issues (ethnicity, religion, race between groups and between ethnicities / tribes). The results of this study indicate that the incidence of conflict in these areas shows us that positive socio-cultural interactions in different Indonesian societies have never been overly established ethnically. However, in some areas or villages there are already more established and maintained positive socio-cultural interactions, for example in Banuroja village, Randangan district, Pohuwato district until now, ethnic harmony between ethnic groups is very well maintained, and positive socio-cultural interactions are always maintained. in those of different ethnicity. Penelitian ini bertujuan untuk menganalisis interaksi sosial budaya dalam kehidupan bermasyarakat. Dimana kerukunan antar-etnis sangat penting untuk lebih ditingkatkan terutama pada masyarakat yang berbeda etnis atau suku, agama dan budaya. Isu-isu global yang muncul kepermukaan bumi Indonesia memang tidak dapat dipisahkan dari maslah-maslah dan tantangan-tatangan yang menyinggung secara signifikan terhadap tuntutan dasar dari perdamaian menyeluruh, keamanan, hukum serta keadilan. Isu-isu ini antara lain mencakup bidang sosial, budaya dan agama. Konflik yang terjadi pada beberapa tahun lalu di beberapa wilayah di Indonesia sebagian berkaumulasi pada masalah SARA (suku, agama, ras antar golongan dan antar etnis/suku). Hasil penelitian ini menunjukkan bahwa, terjadinya konflik di daerah-daerah tersebut secara inplisit menunjukkan kepada kita bahwa ternyata interaksi sosial budaya yang sifatnya positif pada masyarakat Indonesia yang berbeda etnis belum terlalu mapan betul. Meski demikian, di beberapa wilayah atau desa sudah ada yang lebih mapan dan terpelihara interaksi sosial budaya yang sangat positif, contohnya di desa Banuroja Kecamatan Randangan Kabupaten Pohuwato sampai saat ini kerukunan antar etnis sangat terpelihara baik, serta interaksi sosial budaya yang sifatnya positif selalu terjaga pada mereka yang berbeda etnis.


2021 ◽  
pp. 222-250
Author(s):  
Stuart Banner

This chapter examines the status of natural law in the legal system over the past century. In law schools, natural law never ceased to be a topic of study. This academic interest in natural law has had almost no effect on the working legal system, where natural law has been relied upon by only the most idiosyncratic of judges and lawyers. The history of our use of natural law has nevertheless continued to exert influence on the legal system, which still contains doctrines and practices that were once based on the law of nature.


1951 ◽  
Vol 45 (1) ◽  
pp. 142-145 ◽  
Author(s):  
Pitman B. Potter

Members of the American Society of International Law are by inference charged by the Constitution of their Society with doing all that is possible to promote the study and development of international law and the conduct of international affairs on the basis of law and justice. For this purpose it is not sufficient to study and advocate the development of the law itself or for its own sake. Much attention must be given, certainly much more than has been given in the past, to the second section of the mandate, partly because of its own importance and partly to provide the kind of international situation where the law can thrive and be effective— which in turn is calculated to promote peace and justice. Friends of international law cannot afford to evade even the most difficult and delicate issues in the field of international relations on the ground that they are purely political in character.


2014 ◽  
Vol 11 (1) ◽  
pp. 114-171 ◽  
Author(s):  
Alexander Orakhelashvili

Over the past couple of decades, the relative growth of the human-oriented element in the international legal system has been one of the defining characteristics of the process of its evolution. Rules, instruments, practices and institutions for protecting individuals in peacetime as well as during times of war keep multiplying and becoming more imperative. How does the law respond to underlying the dilemmas this presents: through developing a system of effective remedies, or by admitting and tolerating substantial gaps in accountability? The present contribution covers the law of the responsibility of international organizations and the multiple grounds of attribution under it, mainly focusing on the International Law Commission’s Draft Articles on the Responsibility of International Organizations and their applicability in practice. It also focuses on the immunities of international organizations, their sources and scope, and on the relationship between their competing or conflicting standards. There is more inter-dependence between the standards under the law of responsibility and those under the law of immunities than often meets the eye, and such inter-dependence is dictated by the orderly operation of both these branches of international law.


2014 ◽  
Vol 15 (1) ◽  
pp. 15-42
Author(s):  
Folker Bittmann

The aim of German criminal procedural law is not to convict the accused at any cost. Even a guilty party can only be convicted if the criminal procedure is held in accordance with the law. If this is not possible, the German legal system accepts the risk of possibly acquitting a guilty party; it finds this more tolerable than the irregular conviction of the culprit. A criminal procedure seeks the truth. Only on the basis of a judicial conviction of the crime and its culprit may a sentence be imposed. This, though, can only be based on the so-calledprocedural truth.On the one hand, the past can never be reconstructed precisely; on the other hand, clarification can only be found through legal means and by following designated paths allowed by procedural law. Therefore, further investigation must cease if it is only possible to proceed by violating procedural law.


2018 ◽  
Vol 46 (6) ◽  
pp. 1046-1062 ◽  
Author(s):  
Piotr Żuk

This article describes and attempts to explain the reasons for the conservative and nationalist character of Polish schools. The author uses data from surveys, analyzes political programs, postulates concerning education put forward by conservatives, and quotes poems emphasizing national identity from textbooks used at schools to teach reading skills. According to the author, it can be observed that nationalists build an atmosphere of aversion to immigrants, which affects racism in the school hallways. The article also presents the phenomenon of so-called school chambers of national remembrance, which are part of patriotic rituals practiced by Polish society. The author emphasizes that nationalism is the basis for changes in history programs of study, which are part of the educational reform implemented by the Law and Justice (Prawo i Sprawiedliwość — PiS) government. The cultural soft power, which is used to make reality more “national,” complements the administrative and political hard power of the PiS party — both tools are used to create an authoritarian-nationalist vision of social order.


2019 ◽  
Vol 19 (2) ◽  
pp. 201
Author(s):  
Ufran Ufran

<p><em>The </em><em>Failure to enforce law and justice will be one of the factors of social dis-integration. If it is responded well and systematically it will be a threat to a country's failure. These initial symptoms can be seen from the emergence of various vigilante acts. The empty spaces filled with violence are caused by the vacuum of law. The law fails to do its job to solve social problems that arise. The explanation in this paper seeks to analyze the root problem of the failure of law enforcement in Indonesia seen in the perspective of the legal system by Friedman. To analyze the solution, the perspective used is an analysis of the style of progressive law as stated by Satjipto Rahardjo. The use of these two perspectives is expected to be able to describe well the real fundamental problem in our current law enforcement</em></p>


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